Beardsley v. Hotchkiss
New York Supreme Court
Appeal by tbe corporation defendants, from a judgment entered apon the report of a referee. "William B. Hotchkiss, an insolvent debtor, made an assignment of all his property for the" benefit of his creditors on the 7th of June, 1879, naming the plaintiffs as his assignees, who accepted the trust and entered upon its execution. The creditors • are classified, the appellants being placed with the general creditors who are mentioned in the assignment as the fourth class.
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Appeal by tbe corporation defendants, from a judgment entered apon the report of a referee. "William B. Hotchkiss, an insolvent debtor, made an assignment of all his property for the" benefit of his creditors on the 7th of June, 1879, naming the plaintiffs as his assignees, who accepted the trust and entered upon its execution. The creditors • are classified, the appellants being placed with the general creditors who are mentioned in the assignment as the fourth class. Among the preferred creditors who constitute the second class, are the assignor’s three children, William B., Fannie T. and…
1Opinion of the Court
Barker, J.:
The question first argued on the hearing is the one which we shall first consider, that is, had Leman B. Hotchkiss, the husband, an estate by the curtesy in the lands of which his wife was seized, as owner in fee simple, at the time of the execution of the marriage agreement. This instrument is in due form of law, the intention of the parties thereto is clearly and intelligently expressed, and the purpose sought to be effectuated by the parties was in every respect legal. This being so the trustee became vested with the fee of the lands immediately on the delivery of the…
2Cases cited8 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Bool v. MixNew York Supreme Court · 1837
- Bradish v. GibbsNew York Court of Chancery · 1818
- Wilkes v. RogersNew York Supreme Court · 1810
- Barnes v. . UnderwoodNew York Court of Appeals · 1872
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